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to be row placed by somebody who doesn't have to pay the 50 a month because they're in the range of height to weight. >> shepard: begs the next question is, twill there come a time where if you smoke, drink to excess, eat a bunch of fatty foods good, to the cap dimachine, don't exercise you pay more for insurance than those who don't. >> i have to guess on that. i can see where this is going. >> shepard: can you do it? >> yes. right now with the cvs scenario. what's is obese? who will decide. a federal judge. is five pounds too heavy for your height? and how much smoking ties much smoke? how much alcohol is too much alcohol? congress may jump in and make these determinations itself, but if it doesn't or can't, then federal judges will make the determination, an area where they lack expertise. so the affordable healthcare act continues to have unintended consequences. >> shepard: i don't know if it was unintended. >> this wasn't anticipated that people would be fined if they cost their employer too much and the employer would have the right to do so. >> shepard: the way to get healthcare co
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